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4 <br />conduits, pipes), the District shall be solely responsible for rectifying and <br />resolving any such damage, harm, or impairment. <br /> <br />i) Hazardous Materials: With respect to the existence or use of Hazardous <br />Materials (as defined below) within the Licensed Area, the Parties agree to <br />the following provisions for this License Agreement: <br /> <br />i. As used herein, the term “Hazardous Materials” means any <br />hazardous or toxic substance, material, or waste which is or becomes <br />regulated by any local governmental authority, the State of <br />California, or the United States Government. The term “Hazardous <br />Materials” includes, without limitation, petroleum products, <br />asbestos, PCB's, and any material or substance which is (i) defined <br />as hazardous or extremely hazardous pursuant to Title 22 of the <br />California Code of Regulations, Division 4.5, Chapter 11, Article 4, <br />Section 66261.30 et seq., (ii) defined as a “hazardous waste” <br />pursuant to Paragraph 5 of 42 U.S.C. § 6903, the federal Resource <br />Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), or (iii) <br />defined as a “hazardous substance” pursuant to Paragraph 14 of 42 <br />U.S.C. § 9601, the Comprehensive Environmental Response, <br />Compensation and Liability Act (42 U.S.C. § 9601 et seq.). As used <br />herein, the term “Hazardous Materials Law” shall mean any statute, <br />law, ordinance, or regulation of any governmental body or agency <br />(including the U.S. Environmental Protection Agency, the <br />California Regional Water Quality Control Board, and the <br />California Department of Health Services) which regulates the use, <br />storage, release, or disposal of any Hazardous Materials. <br /> <br />ii. District shall not cause or permit any Hazardous Materials to be <br />generated, brought onto, used, stored, or disposed of in or about the <br />Licensed Area or any improvements constructed by District <br />pursuant to this MOU and License Agreement. District shall <br />comply with all environmental laws. <br /> <br />iii. Any handling, transportation, storage, treatment, disposal, or use of <br />Hazardous Materials in or about the Licensed Area and any District <br />improvements shall be the responsibility of District and shall strictly <br />comply with all applicable Hazardous Materials Laws and the <br />provisions of this MOU and License Agreement. <br /> <br />iv. District shall indemnify, defend upon demand, and hold harmless <br />the City and its governing board members, officials, officers, <br />employees, agents, representatives, and consultants from and <br />against any liabilities, losses, claims, damages, lost profits, <br />consequential damages, interest, penalties, fines, monetary <br />sanctions, attorneys' fees, experts' fees, court costs, remediation <br />Page 69 of 228